Research On The Constitutional Order Of China’s Social Transition

As the fundamental rules of organization of community, constitution and social interacts with a close relationship.Chinese society is currently in the historical period of comprehensive transformation. China’s social transformation can be traced back to the mid-19th century, from the Opium War started in1840, has experienced three stages:the first stage in1840-1949; the second stage in1949-1978; since1978, the third stage.In the new stage of social transformation, how to construct a constitutional theory in order to describe and explain the status of the Chinese Constitution and guide the future development of China’s Constitution become an important topic of the science of constitution.This article research on the issues of the constitutional order of China’s social transition systematicly. This paper is divided into five chapters.The first chapter is the introduction of social transformation and the constitutional order.This chapter is divided into three sections. To define the concept of social transformation and describe the social transformationmodel, stages of social transformation and characteristics of social transformation in China in Section Ⅰ based on the concept of origin and theory evolution of social transformation. To define the concept of constitutional order and clarity the the elements and composition of the constitutional order in Section Ⅱ. To describe the general relationship between the social transformation and the constitutional order in Section. First is the analysis of the dynamic association between the social transformation and the constitutional development. Second is the analysis of the affect of the constitution on social transformation.The second chapter is the socio-economic transformation and the constitutional order.This chapter is divided into three sections. To elaborate the constitutional significance of the socio-economic transformation inSection I.The first is an overview of the socio-economic transformation, analysis of the economic transformation of the general content of the background of China’s economic transformation, stage, goals and paths, and the social significance of economic restructuring. Secondly, the description of the socio-economic transformation and the mutual adaptation of the Constitution in the dynamic development process.Finally is the summary of the affect of the constitution in the economic transformation. To elaborate the association of the socio-economic transition with the economic system in Section Ⅱ. First, the analysis of the socio-economic transformation in the economic system of constitutional arrangements.Secondly, the analysis of the socio-economic transformation of economic power in the constitutional setting. To elaborate the economic rights of the constitutional system in the social and economic transformation in Section Ⅲ. First is the analysis of the socio-economic transformation of the role of citizens in the process of conversion.Second is the analysis of the market economy system of civil and economic rights the Constitution.The third chapter is the socio-political transformation and the constitutional order.This chapter is divided into three sections. To elaborate the constitutional significance of social and political transformation in Section Ⅰ.The first is an overview of social and political transformation, analysis of the meaning of social and political transformation, social and political transformation of the content, objectives and phases.Second, to examine the dynamic association between the social and political transformation and the development of the Constitution. Finally is the analysis of the affect of the constitution in social and political transformation. To elaborate the social and political transformation and the changes of the constitutional system, such as the development and improvement of the people’s congress system, the state party system in Section Ⅱ. To elaborate the social and political transformation and the development of the civil political rights in Section Ⅲ.First is the analysis of the citizen’s political participationthe of social and political transformation. Secondly is the analysis of the social and political transition and reconstruction of civil and political rights system.The fourth chapter is the socio-cultural transformation and the constitutional order.This chapter is divided into three sections. To elaborate the constitutional significance of social and cultural transformation in Section Ⅰ. The first is an overview of social and cultural transformation, analysis of the Han culture, the meaning of cultural transformation and cultural transformation in contemporary China.Second, to elaborate the dynamic association of cultural transformation with the development of the Constitution. Finally is the analysis of the affect of the constitution in the social and cultural transformation. To elaborate the social and cultural transformation and the changes of the Constitution system in Section Ⅱ, including the national culture functions and cultural power configurations. To elaborate the socio-cultural transformation and the development of civil social and cultural rights in Section Ⅲ. First is the analysis of the cultural diversity and diversification of the constitutional subject of cultural rights. Secondly is the analysis of the development of civil cultural rights system in cultural transformation.The fifth chapter is the international environmental of social transformation and the constitutional order.This chapter is divided into three sections. To elaborate the relationship between the international background of the social transformation and the Constitution in Section Ⅰ. Mainly analyzes the globalization background of social transformation in China and the international environment of the Construction of the constitutional order in China. To elaborate the construction of the constitutional order in the context of the international economic order in Section Ⅱ. First is the analysis of the impact of economic globalization China’s economic transformation. Second, it analyzes the association of the economic globalization with the construction of the constitutional order in China. To elaborate the construction of the constitutional order in the context of the international political order in Section Ⅲ. First, it analyses the impact of international political democratization and the changing patterns of global governance on China’s political transformation. Second, it analyzes the impact of the changes of the international political environment on the construction of the constitutional order in China. To elaborate the construction of the constitutional order in the context of the international cultural order in Section Ⅳ. First is the analysis of the value of cultural globalization and the global common connotation. Second, to elaborate the construction of the constitutional order in China from two aspects of global common values and the changes of ideal Constitution and the international human rights law.